Recently in State Courts Category

California cities and counties are free to ban the sale and distribution of medical marijuana. Pot dispensaries can be banned via zoning laws, the California Supreme Court ruled Monday.

The unanimous ruling, which approved a ban by the city of Riverside, is expected to spur more such bans statewide. About 200 communities now have zoning laws that exclude cannabis dispensaries.

Supporters of medical marijuana have argued that patients would be forced to drive hundreds of miles to obtain marijuana legally or to buy illegally on the street.

“While some counties and cities might consider themselves well-suited to accommodating medical marijuana dispensaries, conditions in other communities might lead to the reasonable decision that such facilities within their borders, even if carefully sited, well managed, and closely monitored, would present unacceptable local risks and burdens,” Justice Marvin Baxter wrote for the seven-member court.

People who test positive for smoking pot can legally be fired from their job, the Colorado Court of Appeals has ruled. So while recreational and medical marijuana is legal in Colorado, there is no employment protection for marijuana users.

A divided court upheld the firing of a man for off-the-job medical-marijuana use. The court reasoned that, because marijuana is illegal under federal law, employees have no protection to use it.

Brandon Coats is a quadriplegic medical-marijuana patient who was fired from his job as a telephone operator at Dish Network after testing positive for marijuana.

The case, decided 2-1, is the first to look at whether off-duty marijuana use that is legal under state law is protected by Colorado's Lawful Off-Duty Activities Statute, according to The Denver Post. The statute says employers can't fire employees for doing legal things off-the-clock.

Sharon Stone’s former maid has filed a wrongful termination lawsuit against the actress, claiming the actress fired her because she was injured carrying Stone’s groceries.

Angelica Castillo’s complaint is the second in a year from one of Stone’s domestic employees. In May, Stone’s ex nanny also sued accusing her of violating labor laws and making derogatory comments about her ethnicity.

The latest Sharon Stone lawsuit says Castillo hurt her back and was in severe pain. Although a doctor ordered her not to lift heavy objects and to get bed rest, Stone told her to return to work, the complaint alleges.

“While the plaintiff was still in severe pain, Stone repeatedly yelled at plaintiff for performing her duties more slowly, and called her ‘crazy’ and ‘stupid,’ ” the suit claims.

Angelica Castillo was fired by the actress last October after two years on the job.

The complaint accuses Stone of wrongful termination and failure to provide accommodation for her injury.

New York City’s ban on large soda drinks was halted by a judge Monday after industry groups sued to stop the “unfair burden on small business.” The ban was invalidated one day before the new law was to go into effect.

The city is “enjoined and permanently restrained from implementing or enforcing the new regulations,” New York Supreme Court Justice Milton Tingling ruled.

“The loopholes in this rule effectively defeat the state purpose of the rule,” Justice Tingling wrote, stating the regulations are “fraught with arbitrary and capricious consequences.”

Mayor Michael Bloomberg had spearheaded the ban on any sugary drink cup over 16 ounces from restaurants, movie theaters and other establishments as an attack on obesity. But beverage manufacturers, like the American Beverage Association, called the law an illegal overreach that would infringe upon consumers’ personal liberty.

Justice Tingling sided with the trade groups and issued a permanent injunction prohibiting the city from implementing the plan.

Jerry Sandusky, a convicted child sex abuser from Pennsylvania, was formally sentenced on Tuesday to a minimum of 30 years in prison for his abuse of several young boys during his time as assistant football coach at Penn State. During the sentencing, Judge John Cleland stated that the “dangerous” Sandusky will not be eligible for parole for 30 years and will face no more than 60 years in prison, with credit for time served.

In pleading for his innocence on the day before sentencing, Sandusy was heard in an audio recording stating “[T]hey could take away my life, they could make me out as a monster, they could treat me as a monster, but they can’t take away my heart. In my heart, I know I did not do these alleged disgusting acts.”

While this ruling ends the high-profile, often emotional trial that chronicled the abuse of 10 boys over a 15-year period, Sandusky’s lawyers say that he claims his innocence and plans to appeal.

Currently 68, Sandusky is likely to die in prison, according to court documents.

Mike McQueary, a key witness in the trial that led to Jerry Sandusky’s arrest for child molestation, has filed a lawsuit against Penn State for defamation, misrepresentation, and whistle-blower charges. The complaint alleges, among other things, that McQueary’s cooperation with investigators back in 2001 led to the suspension and eventual firing of the former assistant football coach. The complaint also alleges that his treatment by the university since Sandusky was arrested in November has caused him distress, anxiety, humiliation and embarrassment. The lawsuit seeks millions of dollars in damages and legal fees.

A Pennsylvania judge has halted enforcement of the state’s new voter identification law in time for the upcoming November 6th election. At issue was whether the controversial law, which requires all voters to present a valid photo ID at the polls, would lead to “voter disenfranchisement,” as argued by opponents. Judge Robert Simpson, who upheld the law in August, and was later instructed by the state’s Supreme Court to hold further hearings, was not convinced that the law was merely a method to ensure proper voter identification, yet indicated that the law was a method to significantly reduce elderly and minority voter turnout during election time. As of now, voters in Pennsylvania may be asked to produce the newly required photo ID’s, but if they do not have them they may still vote.